6 Massachusetts opinions name it 2 courts 1984–2012 0 in the last five years
The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Commonwealth v. Rodriguezgreen2 sentences1999In instructing the jury about how to weigh identification evidence, the judge followed, subject to two eli sions, the pattern instruction appended to the opinion in Commonwealth v. Rodriguez, 378 Mass. 296, 310-311 (1979). 3 The transcript reflects that the judge omitted a clause from the eighth paragraph of the Rodriguez instruction, which we identify by setting out the text of that paragraph and emphasizing by italics the omitted material: “If the identification by the witness may have been influenced by the circumstance under which the defendant was presented to him for identification, you 1993The judge delivered a jury instruction on identification based on the pattern instruction set out in the appendix to Commonwealth v. Rodriguez, 378 Mass. 296, 310-311 (1979). | 3 | 3 |
Commonwealth v. Soaresgreen1 sentence1995See Commonwealth v. Soares, 377 Mass. 461 , cert. denied, 444 U.S. 881 (1979). | 1 | 1 |
Massachusetts v. Soaresgreen1 sentence1995See Commonwealth v. Soares, 377 Mass. 461 , cert. denied, 444 U.S. 881 (1979). | 1 | 1 |
Massachusetts Council of Construction Employers, Inc. v. Mayor of Bostongreen1 sentence1984Employers, Inc. v. Mayor of Boston, 384 Mass. 466, 473-478 (1981), in which the court concluded that a statutory preference for residents for certain positions in hiring on State-funded construction projects conflicted with the clause. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Commonwealth v. Harris
green
1 sentence2012Under the Harris exception to the pattern requirement, even a single racially motivated challenge is constitutionally impermissible, Harris, supra at 465 , and the judge’s request for an explanation was permissible. | 1 | 2012–2012 |
Freiberg v. Massachusetts
green
1 sentence1993However, we have recognized that such identifications may be less reliable than identifications made where the witness picks the defendant out of a lineup, see Commonwealth v. Freiberg, 405 *640 Mass. 282, 295, cert. denied, 493 U.S. 940 (1989), and the pattern instruction addresses this concern. | 1 | 1993–1993 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.